In most states a driver who is arrested for DUI/DWI will have their license confiscated by the arresting officer and it will be automatically suspended when the department of motor vehicles (DMV) receives notice of the arrest. An administrative hearing (at a DMV office rather than in court) generally must be requested within days of the arrest and the driver must appear at the hearing in order to challenge the suspension or revocation of the license.

The purpose of such a DMV administrative hearing is to determine whether the state should suspend the driver’s license (driving privileges) of the driver charged with DUI/DWI. This hearing is also known as an “administrative per se” or “admin per se” hearing or an “administrative license revocation” or ALR hearing. A defendant has the right to be represented by an attorney at such a DMV hearing—but unlike the criminal prosecution portion of a DUI/DWI charge, a defendant does not have a Constitutional right to counsel in an administrative DMV hearing and must hire an attorney (or be self-represented or pro se), as the state will not appoint an attorney to represent the defendant.

Laws regarding DMV hearings for driver’s license suspensions or revocations in DUI/DWI cases vary from state to state—including procedures and deadlines—and are generally located in a state’s statutes—often in the vehicle code, penal or criminal code, or administrative code.

In Tennessee, when a driver is arrested for DUI (Driving Under the Influence), the arresting officer may take the driver's license and issue a temporary permit that is typically valid for a limited period. The Tennessee Department of Safety and Homeland Security is responsible for handling the administrative aspect of license suspensions related to DUI arrests, not the Department of Motor Vehicles (DMV), which is a term more commonly used in other states. The driver has the right to request an administrative hearing to challenge the suspension of their license. This request must be made within a specific timeframe, usually within ten days of the arrest. The administrative hearing, which is separate from the criminal court proceedings, will determine whether the driver's license should be suspended based on the circumstances of the DUI arrest. In Tennessee, this is known as an Implied Consent Violation hearing. While a driver can be represented by an attorney at this hearing, the state does not provide a court-appointed attorney for this administrative process, and the driver must either hire an attorney or represent themselves.